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NY I89038





December 12, 2002

CLA-2-62:RR:NC:TA:357 I89038

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Christina A. Swidersky
Foot Locker Corp.
3543 Simpson Ferry Rd.
Camp Hill, PA 17011

RE: The tariff classification of a men’s jacket from Korea

Dear Ms. Swidersky:

In your letter dated December 2, 2002, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 1809027, is a men’s insulated jacket with a shell made from a woven 100% nylon fabric quilted in a diamond pattern to a polyester fill and a knitted, unidentified lining material. The jacket has a full front opening with a zipper closure, an elasticized rib knit waistband, cuffs and collar and slant pockets at the waist.

Style1809027 is eligible for classification as water resistant. In your letter you stated that the vendor indicated that the garment has passed all tests required for water resistance. We assume that by this you mean that the shell has been treated with a rubber or plastics material that renders the garment water resistant.

If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.2 percent ad valorem. It remains the same in 2003.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.1 percent ad valorem. In 2003 the rate will be 27.9 percent ad valorem.

This jacket falls within textile category designation 634. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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